First, I don't know Mexican Copyright law, it may or may not be the same as US law. You also have a complex issue, where the legal answer and the moral answer may not be the same.
Under US law, you would probably hold the copyright under the "work for hire" provision, since, if you said something like "would you take these photos for me while I shoot video," you have a valid verbal contract for him to create the works for you.
On the other hand, he does not appear to have received any compensation for those services, and the quality of the photo is more dependent on your friend's compositional and technical skills and timing than the equipment.
If your friend is willing to do the marketing work, why not let him sell the photos under a non-exclusive license, and collect a modest (10-20%) royalty. Remember, if your friend hadn't been there, the photos wouldn't exist at all...
I really hope you can work out an amicable compromise...this is a lousy thing to mess up a friendship over.
Message edited by author 2003-04-03 16:46:52. |
